Complaint Against Sandra White MSP
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Published 22nd September 2016 SP Paper 10 1st Report, 2016 (Session 5) Web Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP Published in Scotland by the Scottish Parliamentary Corporate Body. All documents are available on the Scottish For information on the Scottish Parliament Parliament website at: contact Public Information on: www.scottish.parliament.uk/documents Telephone: 0131 348 5000 Textphone: 0800 092 7100 Email: [email protected] © Parliamentary copyright. Scottish Parliamentary Corporate Body The Scottish Parliament’s copyright policy can be found on the website – www.scottish.parliament.uk Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Contents Report 1 Decisions of the Committee 1 Conclusion 1 Annexe A – Extract from Minutes 2 Annexe B – Report from the Commissioner for Ethical Standards in Public Life in Scotland 3 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Standards, Procedures and Public Appointments Committee 1. The remit of the Standards, Procedures and Public Appointments Committee is to consider and report on— a. the practice and procedures of the Parliament in relation to its business; b. whether a member’s conduct is in accordance with these Rules and any Code of Conduct for members, matters relating to members interests, and any other matters relating to the conduct of members in carrying out their Parliamentary duties; c. the adoption, amendment and application of any Code of Conduct for members; and d. matters relating to public appointments in Scotland. 2. Where the Committee considers it appropriate, it may by motion recommend that a member’s rights and privileges be withdrawn to such extent and for such period as are specified in the motion. parliament.scot/standards-committee [email protected] 0131 348 6924 Follow the Scottish Parliament @ScotParl Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Committee Membership Convener Deputy Convener Clare Adamson Patrick Harvie Scottish National Party Scottish Green Party Tom Arthur Clare Haughey Scottish National Party Scottish National Party Daniel Johnson John Scott Scottish Labour Scottish Conservative and Unionist Party Alexander Stewart Scottish Conservative and Unionist Party Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Report 1. The Committee met on 8 and 22 September 2016 to consider a complaint from Mr Scott Simpson about Sandra White MSP. The complaint is that Sandra White re- tweeted a tweet containing a cartoon deemed to be offensive. 2. The Commissioner for Ethical Standards in Public Life in Scotland investigated Mr Scott’s complaint and found that Sandra White was not in breach of the Code of Conduct. The Commissioner’s full report is at annexe B. 3. The procedures followed by the Commissioner, and the Committee, in considering complaints are set out in full in volume 3, section 9 of the Code of Conduct.1 Decisions of the Committee 4. The Committee is unanimous in its decision reached on the complaint. It agrees with the findings in fact and conclusion of the Commissioner that Sandra White did not breach the Code of Conduct. Conclusion 5. While the circumstances surrounding this complaint do not constitute a breach of the Code of Conduct, actions of this nature – whether intentional or not – may not reflect well on members and the Parliament. The Committee would like to take this opportunity to remind all MSPs that they alone are responsible for their public statements and the content of their social media channels. 1 Code of Conduct of the Scottish Parliament. Volume 3, Section 9. Available at: http://www.scottish.parliament.uk/msps/42841.aspx 1 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Annexe A – Extract from Minutes 3rd Meeting, 2016 (Session 5), Thursday 8 September 2016 Decision on taking business in private: The Committee agreed to take item 4 in private. Decision on taking business in private: The Committee agreed to take future consideration of reports from the Commissioner for Ethical Standards in Public Life in Scotland, and its own draft reports on the complaints, in private at future meetings. The Committee also agreed to take future consideration of a draft report and draft Standing Order rule changes on mandatory committees' remits in private at future meetings. Complaints (in private): The Committee considered reports from the Commissioner for Ethical Standards in Public Life in Scotland. 5th Meeting, 2016 (Session 5), Thursday 22 September 2016 Complaints (in private): The Committee continued its consideration of reports from the Commissioner for Ethical Standards in Public Life in Scotland. Complaints: The Committee announced its decision at Stage 3 on reports from the Commissioner for Ethical Standards in Public Life in Scotland. Complaints (in private): The Committee agreed its draft reports. 2 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) Annexe B – Report from the Commissioner for Ethical Standards in Public Life in Scotland Commissioner for Ethical Standards in Public Life in Scotland CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT Report by the Commissioner for Ethical Standards in Public Life in Scotland on complaint no. MSP/1846/15 – 16/20 Complainer:- Mr Scott Simpson Respondent:- Sandra White, MSP 21 March 2016 Commissioner for Ethical Standards in Public Life in Scotland Thistle House, 91 Haymarket Terrace, Edinburgh EH12 5HE T: 0300 011 0550 E: [email protected] W: http://www.ethicalstandards.org.uk 3 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) CONTENTS 1.0 Introduction 2.0 Complaint 3.0 Response 4.0 Admissibility and investigation 5.0 Findings in Fact 6.0 Conclusion Appendix 1 The Complaint Appendix 2 Extracts from The Jewish Chronicle Online dated November 12, 2015 and from BBC News online (Scotland Politics) dated 13 November 2015. Letter to complainant dated 18 December 2015 Appendix 3 Appendix 4 Letter to respondent dated 23 December 2015 Appendix 5 Letter dated 11th November 2015 issued by the respondent to The Scottish Council of Jewish Communities 4 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) CONDUCT of MEMBERS of the SCOTTISH PARLIAMENT Report on complaint no. MSP/1846/15 – 16/20 to the Scottish Parliament Complainer: - Mr Scott Simpson Respondent: - Sandra White MSP 1.0 Introduction 1.1 The Code of Conduct for Members of the Scottish Parliament (―the Code‖) has been approved by the Scottish Parliament under its Standing Orders to provide a set of principles and standards for its Members. 1.2 Other relevant provisions relating to the conduct of MSPs include: the Scotland Act 1998 (―the 1998 Act‖); the Scotland Act 2012 (―the 2012 Act‖); the Interests of Members of the Scottish Parliament Act 2006, (―the 2006 Act‖) and the Interests of Members of the Scottish Parliament (Amendment) Act 2016 (―the 2016 Act‖). 1.3 For the purpose of considering this complaint, the relevant provisions are paragraphs 5.1.1 and 5.1.2 of Volume 2 of the Code. The relevant edition of the Code is edition 5 which was approved by the Parliament in April 2011. 1.4 Paragraphs 5.1.1 and 5.1.2 are in the following terms:- Code of Conduct for MSPs Volume 2 5.1.1 A member should not, in relation to contact with any person or organisation who lobbies, do anything which contravenes this Code of Conduct or any other relevant rule of the Parliament or any statutory provision. 5.1.2 A member should not, in relation to contact with any person or organisation who lobbies, act in any way which could bring discredit upon the Parliament. 1.5 The investigation of the complaint has been undertaken in terms of the Scottish Parliamentary Standards Commissioner Act 2002 (―the 2002 Act‖) and the Directions by the Standards Procedures and Public Appointments Committee dated 1 March 2012. 1.6 This Report falls to be submitted to the Parliament in terms of section 9 of the 2002 Act. 2.0 Complaint 2.1 The complainer is Mr Scott Simpson (―the complainer‖) and his complaint is about Sandra White MSP (―the respondent‖). 5 Standards, Procedures and Public Appointments Committee Complaint against Sandra White MSP, 1st Report, 2016 (Session 5) 2.2 Ms White is the MSP for Glasgow Kelvin and is a member of the Scottish National Party. 2.3 The complaint relates to the respondent’s actions in re-tweeting a cartoon showing piglets suckling from a sow bearing the name ―ROTHSCHILD‖ and a picture incorporating the Star of David symbol. The piglets are separately identified by: a union jack flag and ―MI5‖; ―MOSSAD‖ and ―ISIS‖; ―AL-QAEDA‖; a stars and stripes flag and ―CIA‖; an Israeli flag; and ―BOKO HARAM‖. 2.4 The complaint was made on a complaint form dated 6 December 2015, which is attached as Appendix 1. The complainer also submitted screen shots of various tweets by Charles Edward Frith, including the one described in the preceding paragraph, and copies of press coverage of an apology made by the respondent in relation to the material which she had re-tweeted. Copies of the press articles are attached as Appendix 2. 2.5 The complaint referred to certain matters which are outside my jurisdiction, and to a section of the guidance set out in Volume 3 of the Code. It appeared to me, however, that the allegation might be relevant to paragraphs 5.1.1 and 5.1.2 of the Code. I so advised the complainer in my letter dated 18 December 2015, a copy of which is attached at Appendix 3.